Nominated by Ronald Reagan on March 8, 1985, to a new seat created by 98 Stat. 333;
Confirmed
by the Senate on April 3, 1985, and received commission on April 4, 1985.

Served as Chief Judge, 1999 - 2005

Education

Harvard University, A.B., 1962
Harvard Law School, LL.B., 1967

Staff

Chambers

Judicial Assistant

Elizabeth Sonnenberg

Clerk’s Office

Courtroom Clerk

Jennifer Gaudet

617-748-9156

jennifer_gaudet@mad.uscourts.gov

Docket Clerk

Matthew Paine

617-748-9157

matthew_paine@mad.uscourts.gov

Court Reporter

Richard Romanow

bulldog@richromanow.com

Courtroom Number

18, 5th Floor

Courtroom Technology

Contact the courtroom clerk regarding use of this equipment.

The courtroom is equipped with a fully integrated evidence presentation system with 15"
viewing monitors for each attorney table, the witness, the Judge and their staff, and a 40"
or 50" plasma for the gallery. The jury box also has 15" monitors built into the front and
back rows of the jury box, one for every two jurors. Evidence being displayed from any
source can be annotated from the witness, lectern, and Judges monitors. All attorney tables
have the ability to connect both audio and video from a computer through a standard VGA
port [laptop/desktop and even Mac/Apple if you have the VGA adapter]. In addition, there
are two computer audio and video inputs located at the lectern location. Also at the lectern,
is a document camera for displaying physical evidence that is not electronic and a
VCR/DVD combo unit. Portable video conferencing equipment can be brought in upon request for remote appearances.

Internet access is available upon request and with the consent of the presiding Judge.
Click here
for more information.

WGY Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?

WGY A1: I follow the local rule.

WGY Q2: If you have a specific scheduling order, please attach your order.

WGY A2: Respondent skipped this question

WGY Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?

WGY A3: No.

WGY Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?

WGY A4: I do not inquire about settlement as I consider it too early in the process. While mediation is voluntary, I schedule it unless the parties refuse.

WGY Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?

WGY A5: Since the parties are in court I assume they want a trial and schedule the trial month (not more than 12 months from the initial scheduling conference).

WGY Q6: What schedule do you set at the initial scheduling conference?

WGY A6: The filing of summary judgment motions will be within 9 months of the conference, the final pre-trial conference within 11 months, and the trial within 12 months.

WGY Q7: After the initial scheduling conference, do you hold status conferences?

WGY A7:
Not unless a party requests such a conference.

WGY Q8: If so, when do you hold status conferences?

WGY A8: Respondent skipped this question

WGY Q9: If so, what issues do you address at status conferences?

WGY A9: Respondent skipped this question

Civil - Discovery

WGY Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?

WGY A10: Counsel ought be fully prepared but I do not raise discovery issues.

WGY Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?

WGY A11: Counsel ought be fully prepared but I do not raise such issues.

WGY Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?

WGY A12: General protective orders, while encouraged, are not the place to address filing any sealed materials with the Court, a practice I disfavor.

WGY Q13: Under what circumstances would you consider a bifurcation of discovery ?

WGY A13: While willing to consider bifurcation in any appropriate case, it’s been my experience that it usually causes unnecessary delay.

WGY Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?

WGY A14: Judge Keeton taught me to act like a baseball arbitrator in resolving case management issues, i.e. tell the parties to be “reasonable” and then choose one or another of the various proposals presented on the basis of which is more reasonable and proportionate.

WGY Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?

WGY A15: None.

WGY Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?

WGY Q19: Under what circumstances will you consider emergency motions regarding discovery matters?

WGY A19: I will always consider them. Calling a motion an emergency doesn’t make it one.

WGY Q20: Do you have any particular practices or requirements about expert disclosures?

WGY A20: Other than a discovery completion date I have no particular requirement, Daubert hearings are extremely rare. No
expert is permitted to testify to anything not fully revealed in that expert’s report.

WGY Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?

WGY A21: Other than a discovery completion date I have no particular requirement, Daubert hearings are extremely rare. No
expert is permitted to testify to anything not fully revealed in that expert’s report.

WGY Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?

WGY A22: With pro se litigants I do not require a detailed written case management proposal.

Civil - Dispositive Motions

WGY Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?

WGY A23: No.

WGY Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?

WGY A24: Yes. If exhibits are voluminous, I’d like a courtesy copy.

WGY Q25: Do you typically allow reply briefs and/or surreply briefs?

WGY A25: Yes. I welcome all the written help I can get. I don’t wait for reply and other briefs before ruling.

WGY Q26: If you allow reply and/or surreply briefs, do you impose a page limit?

WGY A26: No.

WGY Q27: Do you typically hold a hearing on motions to dismiss?

WGY A27: Yes.

WGY Q28: Do you typically hold a hearing on summary judgment motions?

WGY A28: Yes.

WGY Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

WGY A29: Usually no more than 10 minutes per side. 5 minutes per side for more straight forward motions

WGY Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?

WGY A30: They are welcomed but will not hold up the ruling.

Civil - Patent Cases

WGY Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

WGY Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).

WGY A33: Eight different constructions are about enough in any one case. I come on the bench with a tentative construction in mind, share it with the parties, and we discuss it, eventually settling on a construction. If either party is dissatisfied, I’ll hear from an expert from each side as to why I’m wrong (or right) in a one hour hot tub experience. I welcome jointly agreed written tutorials.

Criminal Matters

WGY Q34: Do you handle matters regarding discovery in criminal cases?

WGY A34: Yes, If so, please describe your practice? I handle my own discovery, usually on the papers.

WGY Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.

WGY A35: I schedule a tentative trial date at the initial conference.

WGY Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?

WGY A36: I refer it to the magistrate judge.
The matter is sent first to the magistrate judge.

WGY Q37: Do you typically hold a hearing on motions for review of a detention order?

WGY A37: Yes.

WGY Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?

WGY A38: No.

General Trial Practice - Pretrial Matters

WGY Q39: Do you require the filing of a trial brief?

WGY A39: Yes, in both civil and criminal cases. I welcome but do not require them. Motions in limine are equally effective.

WGY Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?

WGY A40: I welcome but do not require them. Motions in limine are equally effective.

WGY Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want
counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?

WGY A41: Yes. I follow the local rule.

WGY Q42: Do you typically hold an initial pretrial conference in civil cases?

WGY A42: No.

WGY Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?

WGY Q45: Do you set a page limit for motions in limine? If so, what is it?

WGY A45: Yes, 20 pages.

WGY Q46: Do you typically hear motions in limine at the final pretrial conference?

WGY A46: No

WGY Q47: Do you typically resolve motions in limine at the final pretrial conference?

WGY A47: No

WGY Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?

WGY A48:
Daubert motions ought be resolved before the close of discovery so a different expert may be substituted if necessary.

WGY Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?

WGY A49: No

WGY Q50: If courtesy copies of trial exhibits are required, when do you require them?

WGY A50: No, though I welcome it.

WGY Q51: If courtesy copies of trial exhibits are required, what particular form is required?

WGY A51: Respondent skipped this question

WGY Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?

WGY A52: Yes, numbers when in evidence without regard to which party proffers them. Letters for identification A to Z then AA, AB, AC, ect. NOT AA, BB, CC.

Criminal - Scheduling Trials

WGY Q53: Typically, when do you set a trial date in criminal cases?

WGY A53: At the initial case management conference.

WGY Q54: Typically, when do you set a trial date in civil cases?

WGY A54: At the initial case management conference.

WGY Q55: What is your typical trial schedule?

WGY A55: 9 am to 1 pm

WGY Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?

WGY A56: Generally 15 minutes per side for opening statements, 30 minutes per side for closing arguments. The number of trial days is worked out by agreement at the final pre-trial conference. I keep time.

Criminal - Jury Selection

WGY Q57: Please describe your jury selection process.

WGY A57: I question the venire, handle excuses, seat the requisite number, ask each juror to say a few words about where they work and what they do, entertain preremptories (plaintiff or prosecution first then defense; no back strikes; on next round defense goes first and so on ). I pick the foreperson.

WGY Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?

WGY A58: In cases with a great deal of publicity. In these cases the struck system is sometimes preferable.

WGY Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?

WGY A59: Questionnaires ought be short and address knowledge of case and potential bias, not an excursion into the potential jurors’ personal history.

WGY Q60: Have you or would you consider allowing attorney voir dire?

WGY A60: No

WGY Q61: In civil trials, typically what number of jurors do you seat?

WGY A61: 12.

WGY Q62: In criminal trials, typically how many alternate jurors do you seat?

WGY A62: 2.

General Trial Practice - Trial Practices

WGY Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?

WGY A63: No

WGY Q64: How many rounds of examination do you typically allow?

WGY A64:
No limits. The rules of evidence govern.

WGY Q65: Under what, if any, circumstances, will you allow a rebuttal case?

WGY A65: Under appropriate circumstances, but this ought happen rarely.

WGY Q66: Do you have any preferences about the use of chalks during openings and closings?

WGY A66: I’d like to be advised beforehand.

WGY Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.

WGY A67: I lead off explaining how I propose to charge and we discuss.

WGY Q68: Do you provide a written copy of your jury charge to the jury?

WGY A68: Yes, if the deliberations go into a second day.

WGY Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?

WGY A69: Yes. No format is required but I favor general verdicts.

WGY Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.

WGY A70: Respondent skipped this question

WGY Q71: If you have any particular practices as to bench trials, please describe them.

WGY-A71: No reading of depositions. I’ll read them on my own.

Criminal - Sentencing/Revocation Hearings

WGY Q72: Do you require a sentencing memorandum in every case?

WGY A72: No, but I welcome them. I ought receive them in time to read and reflect on them.

WGY Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?

WGY A73: No, but I welcome them. I ought to receive them in time to read and reflect on them.

WGY Q74: Under what, if any, circumstances, would you consider an expedited sentencing?

WGY A74: When the likely time of incarceration is less than the usual time to prepare.

WGY Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?

WGY A75: Such presentations ought come early in the hearing, before the guideline calculation and the arguments of counsel and allocution.

WGY Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?

WGY A76: When such postponement could favor the defendant and the government does not object.

WGY Q77: Do you have any particular practices as to revocation matters?

WGY A77: No.

Standing Orders & Miscellaneous Matters

WGY Q78: If your session has any standing orders, please attach them here.

WGY A78: Respondent skipped this question

WGY Q79: Order #2

WGY A79: Respondent skipped this question

WGY Q80: Order #3

WGY A80: Respondent skipped this question

WGY Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.